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B-164031(4) 1 (1977-03-11)

handle is hein.gao/gaobadedp0001 and id is 1 raw text is: . ffr d MATTER 0113EBT: I p THE COMPTMCLLER GENERAL OWS THE UNITED UTAT.. E WA5MlNWZTDN. D. C. 20548 t %nit, (4) DATE: Karch 11, 1977 OF: Purch~eoe of Wheelchair for Use of Social Security Administration Employee 1. Social Security Administration (SSA) violated in the Southeastern Program Service Center the carpeting standards established under Architectural Barriers Act of 1968 and under Departnent of Health, Education, and Welfare (HEW) tegulations. Prior to this viola- tion, its employee had supplied his own nonnotorized wheelchair and was capable of performing his asaigned duties. In order to make the best use of available personnel and in view of the fact that a powered vehicle became necessary only because oC the violation of the'Act's standards, we will not objectto SSA's reimbursing its employee fir the cost of acquiring the motorized wheelchair. The wheelchair will then become the Government's property for use solely in the subject building. 2. Primary jurisdiction for assuring compliarce with standards estalished under the Architectural Barriers Act of 1968, 42 U.S.C. § 4151 (1970)i is placed by statute with the General Services Administration (GSA), 42 U.S.C. § 4156, and with the Architectural and Trans- portation Compliance Board, 29 U.S.C. § 792 (Supp. TV, 1974). Social Security Administration should determine from those entities the proper means of rectifying noncompliance with standards on carpeting, which non- compliance has resulted in handicapped persons requiring the use of powared wteelchairs. Sectivn 236 of the Legislative Reorganization Act, 31 U.S.C. § 1176 (1970) is applicable to this recommendation for corrective action. 3. Should GSA, pursuant to 42 U.S.C. § 4156 (1970), and/or the Architectural and Transportation Compliance Board, pursuant to 29 U.S.C. § 792 (Supp. IV, 1974), order the SSA to purchase and .:rave available motorized wheelchairs for other handicappcd employees and members of general public to rectify the violation in the Southeastirn Program Service Center of:the carpeting -tandards -;stab- lished pursuant to the Architectural Barriers Act of 1968, it may use its appropriations for that purpose. If other action is prescribed, wheelchair purchases are not authorized, regardless of savings in cost. -. - 1- a p II DECISION FILE: 8-164031

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